Florida Senate - 2025 SB 1200 By Senator DiCeglie 18-00531A-25 20251200__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to special alcoholic beverage licenses 2 issued to residential condominiums; amending s. 3 561.20, F.S.; excluding certain residential 4 condominiums that sell alcoholic beverages from the 5 limitation on the number of specified licenses issued; 6 requiring that licenses be issued only to the person 7 or corporation that manages the food and beverage 8 operations; prohibiting a licensee from selling 9 certain alcoholic beverages for off-premises 10 consumption; prohibiting a licensee from selling 11 alcoholic beverages after the time for serving or 12 consumption of food has elapsed; amending ss. 316.1936 13 and 565.045, F.S.; conforming cross-references; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18

Section 1. Paragraph (

a) of subsection (2) of

section 19 561.20, Florida Statutes, is amended to read: 20 561.20 Limitation upon number of licenses issued.— 21 (2)(

a) The limitation of the number of licenses as provided 22 in this

section does not prohibit the issuance of a special 23 license to: 24 1. Any bona fide hotel, motel, or motor court of not fewer 25 than 80 guest rooms in any county having a population of less 26 than 50,000 residents, and of not fewer than 100 guest rooms in 27 any county having a population of 50,000 residents or greater; 28 or any bona fide hotel or motel located in a historic structure, 29

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. as defined in s. 561.01(20), with fewer than 100 guest rooms 30 which derives at least 51 percent of its gross revenue from the 31 rental of hotel or motel rooms, which is licensed as a public 32 lodging establishment by the Division of Hotels and Restaurants; 33 provided, however, that a bona fide hotel or motel with no fewer 34 than 10 and no more than 25 guest rooms which is a historic 35 structure, as defined in s. 561.01(20), in a municipality that 36 on the effective date of this act has a population, according to 37 the University of Florida’s Bureau of Economic and Business 38 Research Estimates of Population for 1998, of no fewer than 39 25,000 and no more than 35,000 residents and that is within a 40 constitutionally chartered county may be issued a special 41 license.

This special license shall allow the sale and 42 consumption of alcoholic beverages only on the licensed premises 43 of the hotel or motel. In addition, the hotel or motel must 44 derive at least 60 percent of its gross revenue from the rental 45 of hotel or motel rooms and the sale of food and nonalcoholic 46 beverages; provided that this subparagraph shall supersede local 47 laws requiring a greater number of hotel rooms; 48 2. Any condominium accommodation of which no fewer than 100 49 condominium units are wholly rentable to transients and which is 50 licensed under

chapter 509, except that the license shall be 51 issued only to the person or corporation that operates the hotel 52 or motel operation and not to the association of condominium 53 owners; 54 3. Any condominium accommodation of which no fewer than 50 55 condominium units are wholly rentable to transients, which is 56 licensed under

chapter 509, and which is located in any county 57 having home rule under s. 10 or s. 11, Art. VIII of the State 58

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. Constitution of 1885, as amended, and incorporated by reference 59 in s. 6(e), Art. VIII of the State Constitution, except that the 60 license shall be issued only to the person or corporation that 61 operates the hotel or motel operation and not to the association 62 of condominium owners; 63 4. Any residential condominium of which no fewer than 50 64 condominium units are wholly owned by or rented to nontransients 65 which regularly offers food and beverages amenities to its 66 residents and which is licensed as a food service establishment 67 under

chapter 381,

chapter 500, or

chapter 509, provided that 68 the sale of alcoholic beverages is limited to consumption on the 69 premises only to residents of the condominium and their 70 nonresident guests, except that the license shall be issued only 71 to the person or corporation that manages the food and beverage 72 operations and not to the association of condominium owners.

A 73 licensee granted a license under this subparagraph may not sell 74 alcoholic beverages by the package for off-premises consumption 75 and may not sell alcoholic beverages under such license after 76 the hours of serving or consumption of food have elapsed; 77 5.4.

A bona fide food service establishment that has a 78 minimum of 2,000 square feet of service area, is equipped to 79 serve meals to 120 persons at one time, has at least 120 80 physical seats available for patrons to use during operating 81 hours, holds itself out as a restaurant, and derives at least 51 82 percent of its gross food and beverage revenue from the sale of 83 food and nonalcoholic beverages during the first 120-day 84 operating period and the first 12-month operating period 85 thereafter.

Subsequent audit timeframes must be based upon the 86 audit percentage established by the most recent audit and 87

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. conducted on a staggered scale as follows: level 1, 51 percent 88 to 60 percent, every year; level 2, 61 percent to 75 percent, 89 every 2 years; level 3, 76 percent to 90 percent, every 3 years; 90 and level 4, 91 percent to 100 percent, every 4 years. A 91 licensee under this subparagraph may sell or deliver alcoholic 92 beverages in a sealed container for off-premises consumption if 93 the sale or delivery is accompanied by the sale of food within 94 the same order.

Such authorized sale or delivery includes wine-95 based and liquor-based beverages prepared by the licensee or its 96 employee and packaged in a container sealed by the licensee or 97 its employee. This subparagraph may not be construed to 98 authorize public food service establishments licensed under this 99 subparagraph to sell a bottle of distilled spirits sealed by a 100 manufacturer. Any sale or delivery of malt beverages must comply 101 with the container size, labeling, and filling requirements 102 imposed under s. 563.06.

Any delivery of an alcoholic beverage 103 under this subparagraph must comply with s. 561.57. An alcoholic 104 beverage drink prepared by the vendor and sold or delivered for 105 consumption off the premises must be placed in a container 106 securely sealed by the licensee or its employees with an 107 unbroken seal that prevents the beverage from being immediately 108 consumed before removal from the premises.

Such alcoholic 109 beverage also must be placed in a bag or other container that is 110 secured in such a manner that it is visibly apparent if the 111 container has been subsequently opened or tampered with, and a 112 dated receipt for the alcoholic beverage and food must be 113 provided by the licensee and attached to the bag or container. 114 If transported in a motor vehicle, an alcoholic beverage that is 115 not in a container sealed by the manufacturer must be placed in 116

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. a locked compartment, a locked trunk, or the area behind the 117 last upright seat of a motor vehicle. It is a violation of the 118 prohibition in s. 562.11 to allow any person under the age of 21 119 to deliver alcoholic beverages on behalf of a vendor.

The vendor 120 or the agent or employee of the vendor must verify the age of 121 the person making the delivery of the alcoholic beverage before 122 allowing any person to take possession of an alcoholic beverage 123 for the purpose of making a delivery on behalf of a vendor under 124 this section. A food service establishment granted a special 125 license on or after January 1, 1958, pursuant to general or 126 special law may not operate as a package store and may not sell 127 intoxicating beverages under such license after the hours of 128 serving or consumption of food have elapsed.

Failure by a 129 licensee to meet the required percentage of food and 130 nonalcoholic beverage gross revenues during the covered 131 operating period shall result in revocation of the license or 132 denial of the pending license application. A licensee whose 133 license is revoked or an applicant whose pending application is 134 denied, or any person required to qualify on the special license 135 application, is ineligible to have any interest in a subsequent 136 application for such a license for a period of 120 days after 137 the date of the final denial or revocation; 138 6.5.

Any caterer, deriving at least 51 percent of its gross 139 food and beverage revenue from the sale of food and nonalcoholic 140 beverages at each catered event, licensed by the Division of 141 Hotels and Restaurants under

chapter 509. This subparagraph does 142 not apply to a culinary education program, as defined in s. 143 381.0072(2), which is licensed as a public food service 144 establishment by the Division of Hotels and Restaurants and 145

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. provides catering services. Notwithstanding any law to the 146 contrary, a licensee under this subparagraph shall sell or serve 147 alcoholic beverages only for consumption on the premises of a 148 catered event at which the licensee is also providing prepared 149 food, and shall prominently display its license at any catered 150 event at which the caterer is selling or serving alcoholic 151 beverages.

A licensee under this subparagraph shall purchase all 152 alcoholic beverages it sells or serves at a catered event from a 153 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 154 under s. 565.02(1) subject to the limitation imposed in 155 subsection (1), as appropriate. A licensee under this 156 subparagraph may not store any alcoholic beverages to be sold or 157 served at a catered event.

Any alcoholic beverages purchased by 158 a licensee under this subparagraph for a catered event that are 159 not used at that event must remain with the customer; provided 160 that if the vendor accepts unopened alcoholic beverages, the 161 licensee may return such alcoholic beverages to the vendor for a 162 credit or reimbursement. Regardless of the county or counties in 163 which the licensee operates, a licensee under this subparagraph 164 shall pay the annual state license tax set forth in s. 165 565.02(1)(b).

A licensee under this subparagraph must maintain 166 for a period of 3 years all records and receipts for each 167 catered event, including all contracts, customers’ names, event 168 locations, event dates, food purchases and sales, alcoholic 169 beverage purchases and sales, nonalcoholic beverage purchases 170 and sales, and any other records required by the department by 171 rule to demonstrate compliance with the requirements of this 172 subparagraph. Notwithstanding any law to the contrary, any 173 vendor licensed under s. 565.02(1) subject to the limitation 174

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. imposed in subsection (1), may, without any additional licensure 175 under this subparagraph, serve or sell alcoholic beverages for 176 consumption on the premises of a catered event at which prepared 177 food is provided by a caterer licensed under

chapter 509. If a 178 licensee under this subparagraph also possesses any other 179 license under the Beverage Law, the license issued under this 180 subparagraph may not authorize the holder to conduct activities 181 on the premises to which the other license or licenses apply 182 that would otherwise be prohibited by the terms of that license 183 or the Beverage Law. This

section does not permit the licensee 184 to conduct activities that are otherwise prohibited by the 185 Beverage Law or local law. The Division of Alcoholic Beverages 186 and Tobacco is hereby authorized to adopt rules to administer 187 the license created in this subparagraph, to include rules 188 governing licensure, recordkeeping, and enforcement.

The first 189 $300,000 in fees collected by the division each fiscal year 190 pursuant to this subparagraph shall be deposited in the 191 Department of Children and Families’ Operations and Maintenance 192 Trust Fund to be used only for alcohol and drug abuse education, 193 treatment, and prevention programs. The remainder of the fees 194 collected shall be deposited into the Hotel and Restaurant Trust 195 Fund created pursuant to s. 509.072; or 196 7.6.

A culinary education program as defined in s. 197 381.0072(2) which is licensed as a public food service 198 establishment by the Division of Hotels and Restaurants. 199 a. This special license shall allow the sale and 200 consumption of alcoholic beverages on the licensed premises of 201 the culinary education program. The culinary education program 202 shall specify designated areas in the facility where the 203

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. alcoholic beverages may be consumed at the time of application. 204 Alcoholic beverages sold for consumption on the premises may be 205 consumed only in areas designated under s. 561.01(11) and may 206 not be removed from the designated area. Such license shall be 207 applicable only in and for designated areas used by the culinary 208 education program. 209 b.

If the culinary education program provides catering 210 services, this special license shall also allow the sale and 211 consumption of alcoholic beverages on the premises of a catered 212 event at which the licensee is also providing prepared food.

A 213 culinary education program that provides catering services is 214 not required to derive at least 51 percent of its gross revenue 215 from the sale of food and nonalcoholic beverages. 216 Notwithstanding any law to the contrary, a licensee that 217 provides catering services under this sub-subparagraph shall 218 prominently display its beverage license at any catered event at 219 which the caterer is selling or serving alcoholic beverages. 220 Regardless of the county or counties in which the licensee 221 operates, a licensee under this sub-subparagraph shall pay the 222 annual state license tax set forth in s. 565.02(1)(b).

A 223 licensee under this sub-subparagraph must maintain for a period 224 of 3 years all records required by the department by rule to 225 demonstrate compliance with the requirements of this sub-226 subparagraph. 227 c. If a licensee under this subparagraph also possesses any 228 other license under the Beverage Law, the license issued under 229 this subparagraph does not authorize the holder to conduct 230 activities on the premises to which the other license or 231 licenses apply that would otherwise be prohibited by the terms 232

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. of that license or the Beverage Law. This subparagraph does not 233 permit the licensee to conduct activities that are otherwise 234 prohibited by the Beverage Law or local law. Any culinary 235 education program that holds a license to sell alcoholic 236 beverages shall comply with the age requirements set forth in 237 ss. 562.11(4), 562.111(2), and 562.13. 238 d.

The Division of Alcoholic Beverages and Tobacco may 239 adopt rules to administer the license created in this 240 subparagraph, to include rules governing licensure, 241 recordkeeping, and enforcement. 242 e.

A license issued pursuant to this subparagraph does not 243 permit the licensee to sell alcoholic beverages by the package 244 for off-premises consumption. 245 246 However, any license heretofore issued to any such hotel, motel, 247 motor court, or restaurant or hereafter issued to any such 248 hotel, motel, or motor court, including a condominium 249 accommodation, under the general law may not be moved to a new 250 location, such license being valid only on the premises of such 251 hotel, motel, motor court, or restaurant.

Licenses issued to 252 hotels, motels, motor courts, or restaurants under the general 253 law and held by such hotels, motels, motor courts, or 254 restaurants on May 24, 1947, shall be counted in the quota 255 limitation contained in subsection (1). Any license issued for 256 any hotel, motel, or motor court under this law shall be issued 257 only to the owner of the hotel, motel, or motor court or, in the 258 event the hotel, motel, or motor court is leased, to the lessee 259 of the hotel, motel, or motor court; and the license shall 260 remain in the name of the owner or lessee so long as the license 261

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. is in existence. Any special license now in existence heretofore 262 issued under this law cannot be renewed except in the name of 263 the owner of the hotel, motel, motor court, or restaurant or, in 264 the event the hotel, motel, motor court, or restaurant is 265 leased, in the name of the lessee of the hotel, motel, motor 266 court, or restaurant in which the license is located and must 267 remain in the name of the owner or lessee so long as the license 268 is in existence. Any license issued under this

section shall be 269 marked “Special,” and nothing herein provided shall limit, 270 restrict, or prevent the issuance of a special license for any 271 restaurant or motel which shall hereafter meet the requirements 272 of the law existing immediately before the effective date of 273 this act, if construction of such restaurant has commenced 274 before the effective date of this act and is completed within 30 275 days thereafter, or if an application is on file for such 276 special license at the time this act takes effect; and any such 277 licenses issued under this proviso may be annually renewed as 278 now provided by law.

Nothing herein prevents an application for 279 transfer of a license to a bona fide purchaser of any hotel, 280 motel, motor court, or restaurant by the purchaser of such 281 facility or the transfer of such license pursuant to law. 282

Section 2. Subsection (9) of

section 316.1936, Florida 283 Statutes, is amended to read: 284 316.1936 Possession of open containers of alcoholic 285 beverages in vehicles prohibited; penalties.— 286

(9) An alcoholic beverage that has been sealed by a 287 licensee or the employee of a licensee and is transported 288 pursuant to s. 564.09, s. 561.20(2)(a)5 s. 561.20(2)(a)4., or s. 289 565.045(1) is not an open container under this section. 290

Florida Senate - 2025 SB 1200 18-00531A-25 20251200__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions.

Section 3. Paragraph (

c) of subsection (1) of

section 291 565.045, Florida Statutes, is amended to read: 292 565.045 Regulations for consumption on premises; penalty; 293 exemptions.— 294

(1) Vendors licensed under s. 565.02(1)(b)-(f): 295 (

c) May sell or deliver alcoholic beverages prepared by the 296 licensee for off-premises consumption if the alcoholic beverage 297 is in a container sealed by the licensee. All sales or 298 deliveries of alcoholic beverages made pursuant to this 299 paragraph must satisfy the following requirements: 300 1. The vendor must be licensed as a public food service 301 establishment under

chapter 509; 302 2. The sale or delivery must be accompanied by the sale of 303 food within the same order; 304 3. The charge for the sale of food and nonalcoholic 305 beverages must be at least 40 percent of the total charge for 306 the order, excluding the charge for any manufacturer-sealed 307 containers of alcoholic beverages included in the order; and 308 4. Sales and deliveries of the alcoholic beverages may not 309 occur after the vendor ceases preparing food on the licensed 310 premises for the day or after midnight, whichever is earlier. 311 312 The requirement in subparagraph 3. does not apply to vendors 313 licensed under s. 561.20(2)(a)5 s. 561.20(2)(a)4. 314

Section 4. This act shall take effect July 1, 2025. 315